{
  "url": "https://openlegislation.uk/family-procedure-rules-2010/rule-3.8",
  "json_url": "https://openlegislation.uk/family-procedure-rules-2010/rule-3.8.json",
  "legislation": "uksi/2010/2955",
  "legislation_title": "The Family Procedure Rules 2010",
  "legislation_url": "https://openlegislation.uk/family-procedure-rules-2010",
  "path": "rule/3.8",
  "kind": "rule",
  "number": "3.8",
  "heading": "Circumstances in which the MIAM requirement does not apply (MIAM exemptions ...)",
  "text": "The MIAM requirement does not apply if—\n(1) a prospective applicant claims in the relevant form that any of the following circumstances (a “MIAM exemption”) applies—\nDomestic abuse\n(a) there is evidence of domestic abuse, as specified in Practice Direction 3A; or\nChild protection concerns\n(b) (i) — a child would be the subject of the application; and\n(ii) that child or another child of the family who is living with that child is currently—\n(aa) the subject of enquiries by a local authority under section 47 of the 1989 Act; or\n(ab) the subject of a child protection plan put in place by a local authority; or\nUrgency\n(c) the application must be made urgently because—\n(i) there is risk to the life, liberty or physical safety of the prospective applicant or his or her family or his or her home; or\n(ii) any delay caused by attending a MIAM would cause—\n(aa) a risk of harm to a child;\n(ab) a risk of unlawful removal of a child from the United Kingdom, or a risk of unlawful retention of a child who is currently outside England and Wales;\n(ac) a significant risk of a miscarriage of justice;\n(ad) significant financial hardship to the prospective applicant; or\n(ae) irretrievable problems in dealing with the dispute (including the irretrievable loss of significant evidence); or\n(iii) there is a significant risk that in the period necessary to schedule and attend a MIAM, proceedings relating to the dispute will be brought in another state in which a valid claim to jurisdiction may exist, such that a court in that other State would be seised of the dispute before a court in England and Wales; or\nPrevious MIAM attendance or non-court dispute resolution attendance\n(d) —\n(i) in the 4 months prior to making the application, the person attended a MIAM or a non-court dispute resolution process relating to the same or substantially the same dispute ; and\n(ii) where the person attended a non-court dispute resolution process, there is evidence of that attendance, as specified in Practice Direction 3A; or\n(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(f) —\n(i) the application would be made in existing proceedings which are continuing; and\n(ii) the prospective applicant attended a MIAM before initiating those proceedings; or\n(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nOther\n(h) —\n(i) there is evidence that the prospective applicant is bankrupt, as specified in Practice Direction 3A; and\n(ii) the proceedings would be for a financial remedy; or\n(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(j) the application would be made without notice; or\n(Paragraph 5.1 of Practice Direction 18A sets out the circumstances in which applications may be made without notice.)\n(k) —\n(ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;\n(i) the prospective applicant is ... subject to a disability or other inability that would prevent attendance in person at a MIAM unless appropriate facilities can be offered by an authorised mediator;\n(ii) the prospective applicant has contacted as many authorised family mediators as have an office within fifteen miles of his or home (or five of them if there are five or more), and all have stated that they are unable to provide such facilities; and\n(iii) the names, postal addresses and telephone numbers or e-mail addresses for the authorised family mediators contacted by the prospective applicant, and the dates of contact, are provided to the court ...; or\n(l) the prospective applicant ... cannot attend a MIAM because the prospective applicant is —\n(i) in prison or any other institution in which the prospective applicant is required to be detained and facilities cannot be made available for them to attend a MIAM online or by video-link;\n(ii) subject to conditions of bail that prevent contact with the other person; or\n(iii) subject to a licence with a prohibited contact requirement in relation to the other person; or\n(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(n) a child is one of the prospective parties ...; or\n(o) —\n(ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;\n(i) the prospective applicant has contacted as many authorised family mediators as have an office within fifteen miles of his or her home (or five of them if there are five or more), and all of them have stated that they are not available to conduct a MIAM within fifteen business days of the date of contact; and\n(ii) the names, postal addresses and telephone numbers or e-mail addresses for the authorised family mediators contacted by the prospective applicant, and the dates of contact, are provided to the court ...; or\n(p) —\n(i) the prospective applicant is not able to attend a MIAM online or by video-link;\n(ii) there is no authorised family mediator with an office within fifteen miles of the prospective applicant’s home; and\n(iii) an explanation of why this exemption applies is provided by the prospective applicant to the court.\n(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 3 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 5"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in rule 3.8(1)(a) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in rule 3.8(1)(a) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in rule 3.8(1)(c)(ii)(ad) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(c)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in rule 3.8(1)(d) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(d)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word in rule 3.8(1)(d)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(e)(i)(aa)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in rule 3.8(1)(d)(i) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(e)(i)(bb)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in rule 3.8(1)(d)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(e)(i)(cc)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Rule 3.8(1)(d)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(e)(ii)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Rule 3.8(1)(e) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(f)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Rule 3.8(1)(g) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(f)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Rule 3.8(1)(i) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(f)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Rule 3.8(1)(k)(ai) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(i)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in rule 3.8(1)(k)(i) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(ii)(aa)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in rule 3.8(1)(k)(i) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(ii)(bb)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Word in rule 3.8(1)(k)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iii)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Word in rule 3.8(1)(k)(iii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(aa)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in rule 3.8(1)(k)(iii) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(bb)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Word in rule 3.8(1)(k)(iii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(cc)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words in rule 3.8(1)(k)(iii) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(dd)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Words in rule 3.8(1)(l) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(i)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Words in rule 3.8(1)(l) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(ii)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Words in rule 3.8(1)(l)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(iii)(aa)"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Words in rule 3.8(1)(l)(i) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(iii)(bb)"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "Rule 3.8(1)(m) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(i)"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "Words in rule 3.8(1)(n) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(j)"
    },
    {
      "type": "F",
      "label": "F27",
      "text": "Rule 3.8(1)(o)(ai) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(i)"
    },
    {
      "type": "F",
      "label": "F28",
      "text": "Word in rule 3.8(1)(o)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(ii)"
    },
    {
      "type": "F",
      "label": "F29",
      "text": "Word in rule 3.8(1)(o)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(aa)"
    },
    {
      "type": "F",
      "label": "F30",
      "text": "Words in rule 3.8(1)(o)(ii) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(bb)"
    },
    {
      "type": "F",
      "label": "F31",
      "text": "Word in rule 3.8(1)(o)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(cc)"
    },
    {
      "type": "F",
      "label": "F32",
      "text": "Words in rule 3.8(1)(o)(ii) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(dd)"
    },
    {
      "type": "F",
      "label": "F33",
      "text": "Rule 3.8(1)(p) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(l)"
    },
    {
      "type": "F",
      "label": "F34",
      "text": "Rule 3.8(2) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 12"
    },
    {
      "type": "F",
      "label": "F35",
      "text": "Words in rule 3.8 heading omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 10"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/2955/rule/3.8",
    "retrieved_at": "2026-10-29T02:22:56.480940+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}